The Joint Opposition has called on international development partners backing Sri Lanka’s anti-corruption reforms to examine the human rights implications of the proposed Anti-Corruption (Amendment) Bill.
In a statement issued on Tuesday, Joint Opposition Convener Professor G.L. Peiris urged the United Nations Development Programme, the European Union, the Asian Development Bank and the Government of Japan to review the legislation. Those partners have provided technical and financial assistance to strengthen the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and other justice sector institutions.
The Opposition asked them to assess the proposed bail regime in light of prison overcrowding, to engage with the government on legislation that does not worsen pre-trial detention, and to ensure continued support for anti-corruption work remains consistent with international human rights standards.
While reiterating its support for tackling corruption, the group said such measures should not come at the expense of fundamental rights or add further pressure to an already overcrowded prison system. It said it would continue raising its concerns in Parliament and other public forums.
What the bill changes
The government has gazetted an amendment to the 2023 Anti-Corruption Act. Under the principal Act, offences are cognisable and non-bailable, but a magistrate must grant bail in line with the Bail Act No. 30 of 1997.
The amendment removes that route for larger cases. Where a suspect is accused of soliciting, accepting or offering a bribe of at least Rs. 100,000, or of causing a government loss or gaining an advantage of at least Rs. 500,000 — as certified by CIABOC’s Director-General — bail can be granted only in exceptional circumstances, and only by the High Court rather than a magistrate, the Sunday Times reported.
The bill also introduces mandatory financial penalties. A convicted person who acquired or converted property as proceeds of corruption faces an additional penalty of not less than three times the value of that property, and where corruption caused a loss to the state, the court must impose a further penalty equal to the full amount of that loss. The principal Act had capped fines at Rs. 1 million and left recovery of state losses to judicial discretion.
The bail question lands against a prison system holding roughly four times its design capacity, which the government is separately trying to relieve through proposed house arrest legislation.
Sources: Daily Mirror, Sunday Times.
